Bombay High Court
NILESH PANDITRAO SOMWANSHI AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court ordered a verification of eligibility and directed payment of dues to eligible petitioners, with timelines for payment and issuance of reasoned orders for ineligible petitioners.
Summary
The petitioners sought advanced/additional increments under Government Resolutions dated 14 December 2006 and 31 October 1989, claiming they were entitled to arrears. The Court referred to its earlier decision in Writ Petition No.4150/2026 and ordered a verification exercise to determine each petitioner’s eligibility. Those found eligible are to receive their dues within eight weeks, while ineligible petitioners must receive a reasoned order within three weeks, allowing them to challenge the decision. The Court emphasized that any petitioner entitled under the 2006 resolution but unpaid until the 24 August 2017 resolution is entitled to the full arrears. The writ petition was partly allowed, directing the State to complete verification and payment accordingly.
Issues considered
- Whether the petitioners are eligible for the advanced/additional increment under the Government Resolutions of 14 December 2006 and 31 October 1989
- Whether the State must verify eligibility and pay arrears to eligible petitioners
- Procedural requirements for issuing reasoned orders to petitioners found ineligible
Subjects
- increment
- government resolution
- verification
- writ petition
- payment of arrears
- eligibility
- public service
Judgment
2026:BHC-AUG:44340-DB
{1} WP-12664-2026
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
66 WRIT PETITION NO. 12664 OF 2026
Nilesh Panditrao Somwanshi And Others
VERSUS
The State Of Maharashtra And Others
...
Mr. Estling S. Murge, Advocate for the Petitioners
Ms. Neha Kamble, AGP for the State
Mr. P.D. Suryawanshi, Advocate for Respondent No. 2 and 3
.......
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 28th SEPTEMBER, 2026
PER COURT :
1. Indisputably, the issue raised in this petition is squarely covered
by the decision of this Court (Coram : Ravindra V. Ghuge and Abhay J.
Mantri, JJ.) in Writ Petition No.4150/2026 and connected matter, dated
02.04.2026.
2. For the reasons stated in the said decision, we pass the following
order :
(i) The Writ Petition is partly allowed. The Respondents/ State
is at liberty to verify the cases of the Petitioners as regards
their eligibility for the grant of advanced/additional
increment in the light of the Government Resolutions
dated 14th December, 2006 and 31st October, 1989.
Needless to state, those Petitioners, who are found to be
eligible, would be paid their legal dues within eight weeks
from today. In the event, some of the Petitioners are found
to be ineligible, a reasoned order would be passed
{2} WP-12664-2026
in each case setting out the adverse circumstances and
such order shall be served upon each of such Petitioners
within a period of three weeks from the date of the order.
(ii) We have no hesitation in observing that this Court has
always directed a verification exercise, if not already
performed, to be carried out and based on the
entitlement of the individual Petitioners, payments be
granted. As such, even in this matter, let the concerned
Respondents conduct a verification exercise and
thereafter make the payments to those
candidates/Petitioners, who are found eligible. This
exercise be completed within eight weeks from today.
(iii) Needless to state, if any claim of any Petitioners is
invalidated by the State in so far as their entitlement is
concerned, a reasoned order in each of such cases be
passed and the said order be served upon the concerned
Petitioner within three weeks from the date of it’s
passing. The Petitioners would then be entitled to
challenge the said order by availing of a remedy, as is
permissible in law. Those who are found entitled under
the Government Resolution dated 14 th December, 2006
and were never paid till the date of the Government
Resolution dated 24th August, 2017, they would be
entitled for entire arrears.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
Bhagyawant Punde
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